BACHUBHA DADBHA GOHIL Vs. TEMBHA CHHANUBHA GOHIL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree passed by the learned Addl. District Judge & Presiding Officer, Fast Track Court No. 6, Bhavnagar in Regular Civil Appeal No. 70 of 2002 dated 24.10.2007 whereby, the said appeal was dismissed.

(2.) THE brief facts of the case are as under;

(3.) HEARD learned counsel for the respective parties and perused the documents on record. On the basis of the oral as well as documentary evidence on record, more particularly, the documentary evidence in the form of 'panchnama' prepared by the Court Commissioner, it is evident that the land in question is of the ownership of respondents no. 1 and 2, original appellants. The possession of the appellants on a part of the land in question was nothing but, an encroachment. From the evidence on record, respondents no. 1 and 2 have been able to prove that the land in question was of their ownership and occupation.